The Indiana Department of Environmental Management (IDEM) has recently issued a new draft non-rule policy document (Air-040-NPD), which entails procedures for revocation of construction or operating air permit if not requested by the source. This draft policy describes the procedure to revoke a permit for sources which IDEM believes no longer exist, are no longer operating or, were never constructed as authorized.
Under the draft policy, IDEM will make ample attempts to verify the source has physically abandoned the permitted facility, permanently stopped operations or never constructed. If this is verified by an Air Compliance Inspector, then the permit revocation process will be initiated by him/her. The Air Operations Branch will also attempt to contact the source to verify the operating status and to confirm air permit payments or Air Emissions Statements fees if they are past due. The Air Compliance Inspector will contact corporate office staff and the Secretary of State Business Services Division to verify that the company is still in business. A site visit may be conducted to verify if the source is still operating or was never constructed. The Air Permits Branch, Air Compliance and Enforcement Branch or Air Operations Branch will also make multiple attempts via mail, emails and phone calls to contact the source to validate current operating status. After all failed attempts, the Air Compliance Inspector will create a log with supporting documentation and send it to the Air Compliance and Enforcement Branch which will be posted to IDEM's website with the hyperlink "Permit Revocation due to Inactivity/Abandonment/Nonpayment. The permit can be revoked after 30 days from the day the list is posted on the website. The website will also list the details of the procedures to be followed if the source believes that the permit should not be revoked. If no objection to the revocation of the permit is received within 30 days, a revocation will be issued and will become effective with 18 days of the issuance. The source status will be changed to "Permanently Closed" in all applicable tracking databases.
IDEM is accepting comments on this draft non-rule policy until September 25, 2017.